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The scope of availability of the defence of volenti non fit injuria

The defence of volenti non fit injuria has been narrowed in England by the Unfair Contract Terms Act, 1977, which limits exclusion of liability by contract or notice, and…

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The scope of availability of the defence of volenti non fit injuria

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The defence of volenti non fit injuria has been narrowed in England by the Unfair Contract Terms Act, 1977, which limits exclusion of liability by contract or notice, and separately in rescue cases, where a rescuer's voluntary intervention is not treated as consent to the risk created by the defendant's wrong, so both restrictions apply together.

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